How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

my situation is repeated retaliation by my administrator to

This answer was rated:

my situation is repeated retaliation by my administrator to cover their mistake,I was on disability with my treating doctor, hoping to go back to work,but my doctor told me to retire so I will forget all about it. so I reired but when i retire,some reason my doctor told me not to submit disability retirement application and i retired regular. but i noticed in retirement interaction in my account,they recieved my rescision of retirement confirmation,I was denied disability, i appeal my disabilityand was denied,I found my disability resulted from 2nd retaliation saying they want to suspend me 10 days.this made me really scare,can i file workers compensation again? or can I sue them?
Unfortunately, the statute of limtiations for workers' compensation claims is one year, so unless you just recently discovered your injury/disability within the past year, you wouldn't be able to file a workers' compensation claim based on the injury.

However, you may have a claim against the doctor for malpractice for giving you bad advice not to submit a disability retirement application, if you can demonstrate that that advice caused you to be denied disability retirment benefits that you otherwise would have received.

It would be a very difficult case to prove, unfortunately, so I would probably suggest that you don't pursue it.

However, if you were to do so, I would suggest hiring an attorney on a contingency basis, so you only have to compensate the attorney if you receive a settlement or a verdict in your favor.

You can find an attorney to represent you online here:

Customer: replied 4 years ago.
they threatened me with" intend to suspend 10 days" but I was not suspended because I was disabled. they did not investigate anything , I did everything according to policy, they want me to fight with my co-worker which I will never do.
Yes, I understand. However, the statute of limtiations cannot be tolled unless you only recently discovered the disability, which you're saying resulted from when you were threatened with a suspension.

In order to have a valid workers' compensation claim, you would need to have filed a claim within a year of that injury.
Joseph and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions